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4 Mar 2013, 2:44 am
A report by USA Today indicates that within one year of starting dialysis treatments, more than half of older nursing home residents die. [read post]
3 Dec 2013, 4:15 am by Scott A. McKeown
Yet, as made clear last week, the heightened standard necessary to institute an Inter Partes Review at the USPTO’s Patent Trial & Appeal Board (PTAB), coupled with the recent outcome in Fresenius USA v. [read post]
4 Oct 2012, 11:03 am by Tim Eavenson
I had finally carved out the time to dig through these decisions this week when the Board smacked us with another one – Fresenius USA. [read post]
26 Jun 2014, 5:53 pm by Jim Shore
Fresenius USA Manufacturing, Inc., 358 NLRB 138 (Sept. 19, 2012) – in which the Board concluded that, although the employer’s investigation into a harassment complaint was lawful, its discipline of a union member for writing a vulgar term was unlawful because the activity was “protected” by the National Labor Relations Act. [read post]
26 Jun 2014, 12:38 pm by Mark Theodore
Fresenius USA Manufacturing, Inc., 358 NLRB 138 (Sept. 19, 2012) – holding that while an employer’s investigation into a harassment complaint was entirely lawful, its discipline of a union member for writing a vulgar term was unlawful because the activity was “protected” by the NLRA. [read post]
2 Oct 2012, 5:00 am by Jon Hyman
No matter how this issue ultimately shakes out, and no matter how ludicrous this result seems, this case, Costco, and Fresenius USA Manufacturing (giving employees a right to make vulgar, offensive, or threatening statements, and then lie about them to their employer) deserve the attention of every company doing business in America. [read post]
19 May 2014, 11:01 am by Lyle Denniston
Fresenius USA grew out of a dispute over competing medical devices for monitoring treatment of patients for kidney malfunction. [read post]
26 Jun 2014, 1:53 pm by Jim Shore
Fresenius USA Manufacturing, Inc., 358 NLRB 138 (Sept. 19, 2012) – in which the Board concluded that, although the employer’s investigation into a harassment complaint was lawful, its discipline of a union member for writing a vulgar term was unlawful because the activity was “protected” by the National Labor Relations Act. [read post]
7 May 2014, 6:45 am by Maureen Johnston
Fresenius USA, Inc. 13-1071Issue: (1) Whether an Article III court’s final judgment may be reversed based on the decision of an administrative agency; and (2) whether a final determination of liability that has been affirmed on appeal may be reversed based on the decision of an administrative agency merely because an appeal regarding the post-verdict remedy is pending. [read post]